7th Circ. Urged To Revive Class Cert. In Junk Fax Suits

Law360 (April 10, 2018, 9:44 PM EDT) -- The Seventh Circuit was asked Tuesday to reverse two lower court orders preventing two junk fax suits from proceeding as class actions under the Telephone Consumer Protection Act, with counsel for the fax recipients saying their respective judges followed the wrong precedent in finding their claims are unique on the issue of consent.

Counsel for Alpha Tech Pet Inc. and Lawrence Brodsky, who works for an insurance wholesaler, told the three-judge panel the lower courts should have relied on the Seventh Circuit’s 2013 ruling in Holtzman v. Turza — which found the TCPA requires solicited and unsolicited faxes to contain sufficient...

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